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DECISION No

DECISION No. 31/2002/QD-BKHCNMT OF MAY 17, 2002 ISSUING THE REGULATION ON METROLOGY FOR MEASURES IN RETAIL SALE

THE MINISTER OF SCIENCE, TECHNOLOGY AND ENVIRONMENT

Pursuant to the October 6, 1999 Ordinance on Measurement;

Pursuant to Article 18 of the Government�s Decree No. 06/2002/ND-CP of January 14, 2002 detailing the implementation of the Measurement Ordinance;

Pursuant to the Government�s Decree No. 22/CP of May 22, 1993 on the tasks, powers and organizational structure of the Ministry of Science, Technology and Environment;

At the proposal of the General Director of Standardization, Metrology and Quality Control,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on metrology for measures in retail sale.

Article 2.- The General Director of Standardization, Metrology and Quality Control shall have to guide and inspect the implementation of this Decision.

Article 3.- This Decision takes effect 15 days after its signing.

Article 4.- The General Department of Standardization, Metrology and Quality Control, the Sub-Departments of Standardization, Metrology and Quality Control and concerned organizations and individuals shall have to implement this Decision.

For the Minister of Science, Technology and Environment

Vice Minister
BUI MANH HAI

REGULATION ON METROLOGY FOR MEASURES IN RETAIL SALE

(Issued together with Decision No. 31/2002/QD-BKHCNMT of May 17, 2002 of the Minister of Science, Technology and Environment)

1. General provisions:

1.1. This Regulation prescribes the metrologic requirements for measuring weights (weighing) and measuring volumes (measuring) in retail sale; and the methods of checking these measures.

1.2. Salespersons must ensure the weighing or measuring of right quantities or volumes of goods as agreed upon with customers and create favorable conditions for customers to witness and check these goods quantities or volumes.

1.3. The General Department of Standardization, Metrology and Quality Control (hereinafter referred to as the General Department for short) shall have to organize and conduct the checking of weighings and measurings in retail sale so as to ensure metrologic requirements set by this Regulation.

2. Metrologic requirements

2.1 Deficiency in the weight of goods weighed for sale to customers must not exceed the permitted deficiency limit stated in Table 1 below:

Table 1

Goods quantity (in kg)

Permitted deficiency limit (in g)

Up to 0.1

5

Between over 0.1 and 0.2

10

Between over 0.2 and 0.5

15

Between over 0.5 and 1

20

Between over 1 and 2

40

Between over 2 and 5

80

Between over 5 and 10

150

Over 10

150 plus 10 for every one kg more

2.2. Deficiency in the volume of goods measured for sale to customers must not exceed the permitted deficiency limit stated in Table 2 below:

Table 2

Goods quantity (in l)

Permitted deficiency limit (in ml)

0.25

5

Between 0.5 and 5

10 per liter of goods

Over 5

5 per liter of goods

2.3. Measuring equipment used for weighing or measuring goods for sale must ensure the following requirements:

a/ They have been tested and remain in their lawful use durations;

b/ Scales must have a precision degree of four or higher; measuring equipment must have a precision degree of between 0.5% and 1% and a measuring scope suitable for quantities or volumes to be weighed or measured.

2.4. Salespersons must weigh or measure goods in front of customers. Where the goods have been earlier weighed or measured (but not the pre-packed goods), the salespersons must conspicuously write the already taken weights or measures of the goods on their packages and be ready to re-weigh or re-measure the goods if the customers so request.

2.5. Buyers shall have the right to request sellers to re-weigh or re-measure goods at selling places with the sellers� measuring equipment or check by themselves the goods weights or volumes at weighing or measuring counters (if any) for comparison, or with lawful measuring equipment of other persons.

3. Checking of weighings and measurings in retail sale

3.1. The checking shall be conducted at buying or selling places.

3.2. Scales and measuring equipment used for checking (called checking equipment for short) must meet the following requirements:

a/ They have been tested and remain in their lawful use durations;

b/ They have a measuring scope suitable for the weights or volumes to be checked;

c/ Scales have a precision degree as prescribed in Table 3 below:

Table 3

Scale scope (in kg)

The value of checking grades (e) of scales must not exceed (in g)

Up to 0.5

1

Between over 0.5 and 5

5

Between over 5 and 10

10

Over 10

20

d/ Measuring equipment have a precision degree of between 0.1% and 0.5%.

3.3. Checking order and contents:

3.3.1. Checking of sellers� measuring equipment

a/ Inspecting the lawfulness of measuring equipment: Stamps, testing certificates, sealing, lead seals, testing validity durations�).

b/ Checking the operation of measuring equipment:

For scales: Scales must be placed in a balanced position, with normally functioning parts; the pointer must be at point zero; after the scale pan is slightly pressed, the pointer must return to point zero (repeat this test three times).

For measuring equipment: Measuring equipment must neither be deformed nor contain goods residues, which would cause changes in their capacity.

3.3.2. Checking of the sellers� weighings or measurings

a/ For already weighed or measured goods: Take randomly no less than 10 packages of goods, weigh or measure them with the checking equipment. compare the weighing or measuring results of the checking with the already weighed or measured goods amounts, if there is any deficit, it must not exceed the permitted limits prescribed in Table 1 or 2 of this Regulation.

Where three or more results are not as satisfactory as required, it shall be concluded that the sellers� weighings or measurings do not meet the prescribed requirements. If one or two results are not as satisfactory as required, samples shall be taken for the second time for re-checking. If, for this time of checking, there is still one unsatisfactory result, it shall be concluded that the seller�s weighing or measuring fails to meet the prescribed requirements.

b/ For direct weighing or measuring: To request sellers to weigh or measure no less than three different goods quantities; the checkers shall re-weigh or re-measure them with the checking equipment. If there is one unsatisfactory result, the checking shall be re-conducted. If for this time of checking, there is still an unsatisfactory results, it shall be concluded that the seller�s weighing or measuring fails to meet the prescribed requirements.

4. Checking reports

The checking results shall be inscribed in the reports on measure checking, made according to the form prescribed in the Appendix to this Regulation (not printed herewith).

For the Minister of Science, Technology and Environment

Vice Minister
BUI MANH HAI